House to consider preemptive THC caps ahead of proposed referendum to legalize marijuana
Florida puts a hard cap on medical marijuana dosing.

Marijuana and cannabis oil bottles isolated
Is the Legislature putting the cart before the horse by regulating something not legal yet?

A bill that could mellow out the state’s recreational marijuana market before it even gets started is one step closer to ratification by the House.

Republican Rep. Ralph Massullo’s legislation (HB 1269), which seeks to impose restrictions on a potential adult-use cannabis market that could be up for citizens’ initiative on November’s ballot, is now on the House calendar after advancing through both committees of reference.

The measure would cap delta-9 THC at 30% in flower, at 60% in concentrates, restrict vaporizer cartridges to 1 gram and cap edibles at 200 mg of THC per package.

In its current form, Massullo’s bill also “maintains the medical marijuana program,” keeping it from expiring six months after recreational cannabis becomes legal.

During remarks in the final committee meeting, Massullo touted the safety of the medical program in Florida in his close, contrasting it to the purported dangers of an unsafe, unregulated market.

This law would take effect 30 days after November’s election, in the event that an amendment to the state constitution authorizing adult personal use of marijuana makes the 2024 ballot and is passed with at least 60% of the vote.

That ballot language is now up for Supreme Court review.

The Senate version (SB 7050) has one stop to go, meanwhile, before it gets to the floor.

Polling offers contrasting takes about where voters might land on this, if they get a chance to weigh in.

Mason-Dixon survey suggests the amendment would have 50% support on the ballot, which would ensure it falls short of ratification. However, other measures indicate support well above the 60% threshold for passage. Notably, a poll conducted by the University of North Florida found 70% of Floridians either “strongly” or “somewhat” favor legalizing recreational use for people over 21, with 29% either “strongly” or “somewhat” opposed.

The executive branch has sent mixed signals on cannabis, meanwhile.

During his first term, Gov. Ron DeSantis didn’t back caps for the medical product when a proposal was advanced, though that was a 10% THC cap on flower at the time. He has sent mixed signals on cannabis since, voicing objections to the “stench” of legalized weed, but acknowledging he expected the citizens’ initiative to be on the ballot.

A.G. Gancarski

A.G. Gancarski has been the Northeast Florida correspondent for Florida Politics since 2014. He writes for the New York Post and National Review also, with previous work in the American Conservative and Washington Times and a 15+ year run as a columnist in Folio Weekly. He can be reached at [email protected] or on Twitter: @AGGancarski


3 comments

  • Dont Say FLA

    February 19, 2024 at 10:35 am

    They put the cart before the horse with Roe V Wade maybe being reversed some day. And then it happened, decimating support for their political brand. But here they go again! It’s almost like they can’t learn.

    Actually It’s a whole lot like that. I really do think they can’t learn.

    A Presidential candidate loses the popular vote once, loses it biglier a second time, so who they pick this year? Same guy! LOL. They CAN’T learn. Truth.

    That’s okay. Some red sneakers that dissolve when wet, they will fix everything.

  • Tom Palmer

    February 19, 2024 at 11:32 am

    Usually the Legislature waits until after the public approves something to gut it

  • Ron Lockhart

    February 20, 2024 at 9:45 am

    Leave it to the Legislature to focus on THC caps and not the important issues that would accompany recreational marijuana in Florida. How about taxation? How about additional licenses? What about home cultivation? How about enforcement? Limiting THC strength will only send users back to the black market to get what they can now receive in Florida’s Medical Marijuana marketplace.

    It only proves that Ralph Massullo and the Legislature are angry that marijuana legalization is coming from the electorate and not the Legislature. They’re determined to punish potential users of a free marijuana market.

    I guess the Republicans have decided to join the Nanny State.

Comments are closed.


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